What is implied in a contract?

In Virginia, implied in a contract is an agreement that is not spoken or written, but it is understood by both parties. Implied contract generally comes into play when parties enter into a transaction and one side performs according to the agreement, such as when a customer pays for a product. The store then has an implied obligation to deliver the product. Implied-in-fact contracts are contracts that are not expressed in words but are inferred from the circumstances and the behavior of the parties. This type of contract is based on the parties’ conduct or, in some cases, the practices of a particular industry or trade, and is understood to be part of the parties’ agreement. The most common implied-in-fact contract is a guarantee of quality, known as an implied warranty. Implied-in-law contracts, also called quasi-contracts, are contracts imposed by law to prevent injustice. Quasi-contracts are based on the principle of equity, rather than on an agreement between the parties. In this case, the court orders one party to provide compensation to the other in the absence of an actual agreement. In summary, implied in a contract in Virginia is an agreement that is not expressed in words but is understood by both parties. Implied contracts can be either implied-in-fact or implied-in-law. Implied-in-fact contracts are based on the parties’ conduct, while implied-in-law contracts are imposed by law to prevent injustice.

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